SAN FRANCISCO, CA — A man is charged with violating the terms of his probation after he allegedly blacked out at a treatment center he stated at a San Francisco County Superior Court hearing here last week.
The accused told his attorney, Assistant Public Defender Aleem Raja, that he was unable to contact anyone (including his probation officer) for the first two weeks of his stay at a drug treatment facility.
Deputy District Attorney Erin Catalone argued, “the accused admitted he failed to report,” and by explaining why, he revealed he violated the original terms of his probation.
DDA Erin Catalone added the man’s own explanation that he was “unable to contact anyone for the first two weeks into the program” amounted to an admission that he failed to report and thus violated his probation.
This preliminary hearing was to determine if the evidence supported the state’s position that the accused knowingly violated his probation.
After Judge Teresa Caffesa called the case, APD Raja provided the court with reports showing that the accused had been in contact with the probation office while awaiting a bed at Walding House and only failed to report upon being admitted into the program.
APD Aleem Raja submitted documents showing the accused had communicated with the probation prior to entering Walding House and presented his client’s written explanation regarding the blackout period.
The DDA Catalone acknowledged the accused had been following all terms of the probation, and again offered the state’s position: the report from the probation officer and the statement from the accused are clear evidence that the accused failed to comply with the terms set forth.
“the report from the probation officer and the statement from the accused are clear evidence that the accused failed to comply with the terms set forth.” – Deputy District Attorney Erin Catalone
APD Raja responded, “I would hate for his admission into Walding House to be used against him for noncompliance.” He also argued against the information in the reports, stating that it failed to include the possibility of a blackout period after being admitted into the drug program.
Judge Caffesa reinstated the original terms of probation. The accused must complete 90 days at Walding House and serve an additional 60 days in county jail, with continued contact with probation services.
